Session 1: Latest Employment and Disciplinary Issues for Schools (Live Stream)
Date: Wednesday 14 March 2018
Time: 9.00am to 1.15pm
Attend and earn 4 CPD hours
Employment issues are the perennial thorn in the side of many a school. If left unmanaged they can be severely detrimental to your school's morale, culture and the quality of education. This program assembles 11 legal experts who will galvanise you with updates, information and tips that can be practically implemented in your school.
Chair: Anthony Russell, Principal, Chen Palmer Lawyers
Recent and Upcoming Legislative Changes in Employment Law
An overview and analysis of the significant changes to employment law undertaken and promised by the Labour/NZ First/Green coalition government, including changes to:
- Trial periods
- Parental leave
- Equal pay
- Compulsory redundancy compensation
- Rights of contractors
- Industry wide Fair Pay Agreements
Presented by Sherridan Cook, Partner, Buddle Findlay; Tier 1 Employment, Legal 500 2017
The Latest Issues in Employment Law for Schools
- Collective agreements versus individual agreements
- Medical issues with staff
- School disciplinary decisions: When can they be overturned by the High Court?
- Kennedy v Boyle: overturning a suspension for student misbehavior at airport
- Battison v Molloy: overturning a suspension for refusal by student to cut hair
Presented by Catherine Stewart, Barrister, Chancery Chambers
Managing Employment and Staff Issues
- Underperforming teachers: procedures for managing teacher performance and where you stand from a legal perspective
- Dealing with teachers unions
- Part time, casual and fix term employees: Where does the school stand?
Presented by John Hannan, Partner, DLA Piper; Recommended Employment & WHS Lawyers, Doyle's Guide 2017
Performance and Misconduct Issues in the Real World and Online
- Identifying and managing misconduct and serious misconduct
- Mandatory Reports to the Education Council: When are they required?
- The jurisdiction issue: To what extent can a school discipline or dismiss staff when misconduct has occurred outside school hours?
- Staff misconduct on social media: What can you do?
- A staff member posts inappropriate online stories and photos: What should you do?
- How far can you go in managing your staff's social media activity?
- Inappropriate online interaction with students: from serious misconduct to the grey areas
Presented by Gretchen Stone, Partner, Harrison Stone
INSIGHTS FROM THE EDUCATION COUNCIL: Prevention is Better than Cure: Using the Code of Professional Responsibility and Standards for the Teaching Profession as a Positive Tool
- The new Standards and the appraisal process: resources available from the Council
- How our practice evaluators assess competence: the evidence we need from you
- The Code: What defines a teacher as a professional?
- Using the Code and Tribunal decisions to maintain professionalism
Presented by Julia McCook-Weir, Lead Lawyer, Education Council
Chair: Anthony Russell
Anthony Russell is an experienced employment law practitioner. Anthony specialises in providing expert employment law advice, and has provided quality advice across a range of sectors. Anthony has been practicising law since 1991 and has represented a wide range of employment law clients, particularly in the health, education and infrastructure industries. Anthony has a Masters of Commercial Law from the University of Auckland and an LLB and BA from the University of Canterbury. In addition, Anthony has lecturered at the University of Waikato at both the undergraduate and Masters level. Anthony has also had experience as a Prosecutor for the Serious Fraud Office and as a Senior Solicitor. Anthony also has an active interest in sports law and is a member of Australia New Zealand Sports Law Association.
Sherridan Cook is a partner at Buddle Findlay. He leads the Auckland litigation and employment and health and safety teams, and has specialised in these areas for over 20 years. He enjoys advising on all aspects of the employment relationship, providing strategic industrial relations advice and assisting in resolving contentious employment matters, including personal grievances and confidentiality and restraint of trade disputes, together with health and safety compliance and prosecutions. He has extensive experience as a commercial litigator and regularly appears in the employment and civil courts, and at arbitrations and mediations. He is Consultant Editor for Health and Safety Law Made Easy (2016) and will be Consultant Editor on the 2017 edition of Employment Law Made Easy (both published by LexisNexis).
Specialising in all areas of employment law, Catherine has 20 years' experience as an employment and litigation lawyer. She joined the independent bar as a barrister sole in 2012, having held senior roles in employment law including at partnership level in a major city firm. She also has significant experience in civil and commercial litigation.Catherine has successfully argued several high profiles cases, including a landmark case on stress in the workplace in the Employment Court; and a landmark case on freedom of association, for which she was appointed "amica curiae" (advisor to the court) by the Employment Court and the Court of Appeal. In 2014 Catherine won a Court of Appeal case overturning a prior costs decision in longstanding and complex litigation which spans both the employment and civil jurisdictions. In 2015 she successfully defended a wide range of claims against her client in the Employment Court including breach of confidence, breach of good faith and fidelity and breach of employment agreement. Catherine holds a Bachelor of Laws with Honours and a Bachelor of Arts in languages. She was admitted to the bar of the High Court of New Zealand in 1990. A regular presenter and writer on topical employment law issues, Catherine is a member of the New Zealand Bar Association, the New Zealand Law Society and the Auckland District Law Society Inc. Catherine is the Convenor of the Auckland District Law Society Inc Employment Law Committee, a committee which represents practitioners in regular meetings with Judges, members of the Employment Relations Authority, mediators, Government departments and other employment-related institutions such as trade unions.
John Hannan is a highly experienced partner in the employment, litigation and IP, information technology and telecommunications teams at DLA Piper New Zealand. He has acted for major New Zealand and international organisations including one of New Zealand's largest supermarket retailers, a listed chemicals, resins and building products manufacturer, national and international insurers, international and national insurance brokers, a global pharmaceutical manufacturer / distributor; international engineering consultancies, a computer games manufacturer, a New Zealand-wide restaurant chain, and numerous primary, secondary and tertiary education providers. John has experience in fraud, theft of intellectual property, and breach of confidentiality situations, obtaining "freezing orders" and search orders and injunctions. He has significant experience of restraint of trade claims. He has dealt with major product liability claims. He is an experienced High Court advocate. John assists clients with all aspects of employment relationships, both contentious and non-contentious. He appears on employment law matters in the Employment Relations Authority, the Employment Court and the Court of Appeal. John acts for insurers in claims under Employment Practices Liability Insurance (EPLI) policies covering employers against employment- related disputes. He has also acted for insurers in public liability and professional indemnity claims. Intellectual Property including trademarks, copyright and patent litigation is also an area where John has significant experience.
Gretchen Stone specialises in employment and education law. She advises secondary principals through the Secondary Principals Association of New Zealand and with primary principals as the Honorary Solicitor for Auckland Primary Principals Association. Gretchen has extensive experience advising Principals and Board of Trustees in relation to employment and disciplinary issues, governance and management, student discipline issues, social media, and all areas of legal liability within the education sector.
Julia McCook-Weir is the Lead Lawyer at the Education Council of Aotearoa New Zealand. She provides legal advice to the organisation, including the Complaints Assessment Committee and the Competence Authority. Previously Julia worked in the Police legal team. She has also worked in various roles at the Office of the Health and Disability Commissioner, been an instructor for law graduates completing the 'Professionals Course' and worked in private practice specialising in criminal and family court advocacy.
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